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Terms and Conditions

Date of Last Revision: May 19, 2012

NOTE: Because this site is in its ‘beta’ phase, there is a high likelihood that both the site and these Terms and Conditions of Use (“Terms”) may change frequently. By continuing to use this site, you agree to the current Terms.

Welcome to Psygon.com, the world’s first learning environment that is both collaborative and adaptive. Our patent-pending algorithms ensure that each user is guided through the most relevant content at their level of understanding, resulting in optimal learning for all users. These Terms and Conditions of Use (“Terms”) constitute an agreement between you (“You”) and Psygon, Inc., and govern Your use of the Psygon.com site, any affiliated sites and any related services or materials owned or controlled by Psygon, Inc. or any of its affiliates (collectively, “Site”). Psygon, Inc. and its affiliated entities are collectively referred to herein as "we," "us" or "our".

1. ABSENCE OF WARRANTIES; USE AT YOUR OWN RISK.

Normally, warranties are put at the end of terms of use, probably because some sites hope you won’t get that far. However, because this Site is very much a ‘work in progress’, we want to be up-front and let you know that we don’t have everything worked out, including all the privacy controls you might expect. So, please expect that others can see your profile, but there’s currently no means by which they can contact you through the Site, so it shouldn’t be a big deal. But, please use common sense. More specifically: THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS SITE OR ANY THIRD PARTY SITES OR SERVICES TO WHICH THIS SITE LINKS IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS TO ANY SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE EQUIPMENT THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF MALWARE, VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF ANY CONTENT OR ANY RESULTS OF THE USE OF ANY CONTENT. BY USING THIS SITE, YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

2. THIS IS A FREE, COLLABORATIVE LEARNING ENVIRONMENT THAT IS OPEN TO EVERYONE.

We believe that everyone knows something that they can teach others. We’d love it if you choose to contribute what you know, generally in the form of multiple choice questions, but we’re happy if you come here just to learn. We’ll be adding new material as we can, and we’re hoping that members of the community pitch in, as well. By posting material (“User-supplied Content”) here, you should know three things: (A) You represent that you have all necessary rights, including those such as copyright, to post the User-supplied Content, (B) You hereby grant Psygon a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use the User-supplied Content, including any applicable publicity or moral rights, as well as the right to create derivative works, and (C) You hereby grant to all other Users the right to create derivative works for this Site, based on your User-supplied Content (see item 3, below, for additional detail). These rights ensure that we have what we need to keep the Site growing, evolving, and open for everyone. If you don’t have the rights to post information here, or you’re not willing to provide the above license, please don’t post it.

3. THIS SITE IS COMMITTED TO CONTINUOUSLY IMPROVING THE CONTENT THROUGH THE INNOVATION OF ITS USERS.

This Site is unique among learning sites on the Web, in that the community of Users, by interacting with the Content, change the relevance and difficulty of the Content in real-time. Another innovation that we implement through this Site is the ability of Users to use the User-supplied Content of others to create new User-supplied Content. This is known in copyright circles as granting the right to create what are known as ‘derivative works’. However, each User hereby agrees that the use of others’ User-supplied Content is limited to this Site ONLY. That is, You do not have the right to take the User-supplied Content of others and use it outside of this Site without their permission, nor does anyone else have the right to take yours. The objective here is simply to create the best questions possible, as easily as possible, for the greatest number of users. This is not intended to allow users to change one word and take credit for the new question or material. We will be looking to implement a policy to strike the best balance between User rights and Content creation, but a lot of this can be handled by simply using common sense.

4. PSYGON IS COMMITTED TO RESPECTING ITS USERS AND FACILITATING AN ENVIRONMENT OF MUTUAL RESPECT BETWEEN AND AMONG ITS USERS.

We at Psygon will do our best to act in the best interests of our User community. Our driving ambition is to enable our Users to learn anything, anywhere, anytime, with the most relevant material at their level, for free. In return, we expect our Users to be committed to behaving in a responsible manner to allow all of us to achieve that goal. Specifically, we expect You, as a User, to:

Maintain control of Your access to the Site for Your personal use only. To ensure that the most relevant material is provided for each User, each User must have, and be responsible for, their own individual account.

Notify us within a reasonable time, preferably immediately, if You suspect that Your User account has been compromised. However, we will not be responsible for any loss suffered by You for any unauthorized use of Your account, so please maintain control of your means of access to the Site.

Furthermore, each User hereby agrees that they will NOT do any of the following:

Access the Site through anyone else’s account, or solicit, obtain or use anyone else’s login information;

Post or transmit any Content that You don't have the right to transmit under law (such as trade secrets, copyrights, etc.) or under contractual or fiduciary relationships (such as nondisclosure agreements);

Upload, transmit, or link to sexually explicit material;

Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Upload or transmit any file that contains a virus or other harmful component such as malicious code, corrupted files, or any other contaminating or destructive elements or features that may damage someone's computer;

Use our Site to violate any applicable law or regulation, or to do anything fraudulent, misleading, malicious, or discriminatory;

Post or transmit any promotional materials, advertising or other forms of unauthorized commercial communications, including spam, pyramid schemes and chain letters;

Use any automated means, including without limitation, agents, harvesting bots, robots, scripts, scrapers or spiders, to collect, access, monitor, copy or harvest data or User information from any part of our Site; or

Take any action that could disrupt, disable, overburden, or impair the proper working of the Site, such as a denial of service attack or one that otherwise imposes an unreasonably or disproportionately large load on our systems and infrastructure.

Unauthorized access of our Site is a breach of these Terms and Conditions and a violation of the law. You agree not to access our Site by any means other than through the interfaces we provide for use in our accessing our sites.

Psygon may at any time, without prior notice and at our sole discretion, remove any Content, terminate any membership, or take any action for violating the above provisions.

5. THESE TERMS ARE SUBJECT TO CHANGE.

Consistent with our policy of being honest with You, our Users, we reserve the right to change these Terms. We will do so when there is good reason to, such as:

We need to protect our Users, such as if someone comes up with a new method of irritating other Users that isn’t specifically prohibited by the Terms. We would modify the Terms appropriately.

Our Users, or their use of the Site, necessitate change. This could happen if Users specifically let us know that they want more, fewer or different restrictions on use of the Site. (Note, however, that fewer restrictions sounds good, until one realizes that everyone else has fewer restrictions, too.) This could also happen if we see patterns in User behavior that lead us to think that we could better serve our Users by offering more or different levels of service, which may require different Terms.

6. THE SITE IS GUARANTEED TO CHANGE.

Each User, by using the Site, changes the metadata of the Content with which they interact. Thus, the Content and the Site are constantly changing. (We think that’s really cool, and we hope you do, too.) However, from a legal perspective, we reserve the right to change the Site or the Content or features at any time, in any way, for any or no reason.

7. GENERAL TERMS

If any provision in these Terms is found to be invalid or unenforceable, the remaining Terms will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the State of North Carolina. You agree that the proper forum for any claim arising under these Terms will be the U.S. Court for the Middle District of North Carolina or the appropriate North Carolina court.

Except as otherwise expressly stated in these Terms and Conditions, there are no third party beneficiaries to this agreement. These Terms, including those that are incorporated by reference, as applicable, constitute the entire and only agreement between you and Psygon and govern your use of our Site.